Family Law Advisor®
Articles

Under a bill that was introduced in the last session of the Alabama Legislature, a divorced parent who relocates a child outside the state or more than 100 miles from the other parent could lose custody of that child.

House Bill 621 provided that a proposed relocation may be considered "a material change in circumstances sufficient to change custody of the child." This bill was approved by the House Judiciary Committee but did not pass the full House as time ran out in the session. We anticipate those in favor of the bill will reintroduce the bill in the next session and we want to make sure you are aware of the significance of this bill.

Under the bill, sponsored by Representatives Steve McMillan of Bay Minette and Bill Fuller of Lafayette, a parent would have been required to provide 45 daysí written notice of intention either to move outside the state or more than 100 miles from the other parentís home, or to be gone from the state for more than 60 consecutive days.

"This is possibly the broadest relocation statute one could foresee," said John M. Wood. Wood is a member of the Alabama Judicial Study Commission Subcommittee on Child Custody and Visitation, and Past Chairman of the Family Law Section of the Alabama State Bar.

"If enacted, the Bill would place the burden of proof on the relocating parent to show that the move is in the best interest of the child," Wood said. "It allows the parent who is not relocating to file a petition objecting to the move and requesting a change of custody."

Paul B. Shaw outlined the burden being placed on the moving parent. "The relocation must have a reasonable purpose that is not vindictive or intended to discourage visitation by the other parent," he said. "The relocating parent must show that a change in custody would not be in the best interest of the child and that relocation would not pose a threat of harm to the child."

Once the non-relocating parent files a petition with the Court, unless otherwise ordered by the court, the relocating parent may not move the child until a final order is issued by the Court.

- - Wood & Shaw, L.L.C.